Bombay High Court
PRADNYA MAHESH KARDILEversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The court held that the prima facie evidence does not establish the applicant as a conspirator, warranting the grant of bail.
Summary
The applicant, Pradnya Mahesh Kardile, sought regular bail in a case involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, arising from the alleged murder of Sharada. The investigation, based on a family informant’s report, led to a charge sheet that named the applicant as a conspirator due to her alleged extramarital relationship with the accused Kapil and a bank transfer of Rs.50,000 to another accused. The court examined whether the charge sheet contained sufficient direct evidence to infer her participation in the crime. Finding that the evidence was merely circumstantial—general conversations and a monetary transfer— the court concluded that no prima facie case of conspiracy existed. Consequently, the court ordered her release on bail with conditions, noting that the charge had not yet been framed.
Issues considered
- Whether the charge sheet provides sufficient prima facie evidence to deny bail to the applicant.
- Whether the applicant can be deemed a conspirator based on alleged communications and a monetary transfer.
- Whether bail can be granted when the charge has not yet been framed.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 238, 3(5), 351(2), 351(3), 352, 49, 61(2), 85
Subjects
- bail
- conspiracy
- prima facie evidence
- Bharatiya Nyaya Sanhita
- criminal procedure
- charge sheet
- extramarital relationship
Judgment
2026:BHC-AUG:9263
(1) 223-ba-248-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 248 OF 2026
Pradnya Mahesh Kardile
VERSUS
The State Of Maharashtra
...
Advocate for Applicant : Mr. Bhagwat Nilesh N, Through Legal Aid
APP for Respondent/State : Mr. C.V. Bhadane
…
CORAM : S. G. CHAPALGAONKAR, J.
DATED : MARCH 04, 2026
ORDER:-
1. The applicant seeks regular bail in connection with Crime
No.195/2025 registered with West Deopur Police Station, Dist. Dhule
for offences punishable under Sections 103(1), 61(2), 85, 115(2), 238,
351(2), 351(3), 352, 49, 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. The investigation was set in motion on the basis of
information given by Bhushan Shivaji Mahajan. He alleges that on
08.06.2010, his sister Sharada married with accused - Kapil. After
marriage, Kapil was persuing Sharada to bring amount of
Rs.2,00,000/- from parents for purchase of flat. Kapil had developed
illicit relations with applicant - Pradnya. Since Sharada used to oppose
such relationship, Kapil used to beat her. It is alleged that applicant –
Pradnya was asking Kapil to remove hurdle of Sharada from their
relationship. On 29.05.2025, Kapil informed that Sharada has been
admitted to hospital. When informant and other family members
(2) 223-ba-248-2026.odt
reached to Civil Hospital, they saw dead body of Sharada. They
noticed several external injuries on her person. Accordingly, it is
alleged that accused persons killed her.
3. The investigation progressed in pursuance to aforesaid
report. The charge sheet has been filed and now, Sessions Case No.142
of 2025 is pending for trial.
4. So far as allegations against present applicant is
concerned, she is alleged to have extra marital relation with accused –
Kapil. The evidence in charge sheet shows that Kapil used to meet
applicant at various hotels. She had frequent conversation by way of
mobile chat with Kapil. The summary of her bank account as on
29.05.2025 shows transfer of amount of Rs.50,000/- on 12.05.2025 in
favour one Bhushan Kale. On the basis of aforesaid material, she is
charge sheeted being conspirator along with other accused persons.
5. Prima facie evidence in charge sheet is bereft to draw
inference that applicant was conspirator in commission of offence.
There is no direct evidence depicting role of applicant in commission of
offence. Merely on the basis of record of general conversation with
accused – Kapil or transfer of amount to accused – Bhushan Kale,
definite conclusion cannot be drawn that applicant conspired with
them in commission of offence.
6. In that view of matter, since applicant is behind bar from
30.05.2025 and charge is not yet framed, she deserves to be released
(3) 223-ba-248-2026.odt
on bail on some conditions. Hence, the following order:
ORDER
(i) Bail Application is allowed.
(ii) The applicant, Pradnya Mahesh Kardile be released on bail in
Crime No.195/2025 registered with West Deopur Police Station, Dist.
Dhule for offences punishable under Sections 103(1), 61(2), 85,
115(2), 238, 351(2), 351(3), 352, 49, 3(5) of Bharatiya Nyaya
Sanhita, 2023 on furnishing P.B. and S.B. of Rs.50,000/- (Rs. Fifty
Thousand only) on following conditions :
(a) The applicant shall not tamper with the prosecution evidence
in any manner or pressurize witnesses.
(b) The applicant shall attend each and every effective date of
hearing before Sessions Court.
(iii) Bail Application is disposed of.
(S. G. CHAPALGAONKAR, J.)
Mujaheed//
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